Wednesday, December 18, 2019

Note: We are grateful to Tyffani Dent for her
contributions to the discussions that led to this post.

On August 1,
2014, in a speech
about risk assessment processes, then–United States Attorney General Eric Holder said of the available
measures:

Although these measures were crafted with the best of intentions, I
am concerned that they may inadvertently undermine our efforts to ensure
individualized and equal justice. By basing sentencing decisions on
static factors and immutable characteristics – like the defendant’s education
level, socioeconomic background, or neighborhood – they may exacerbate
unwarranted and unjust disparities that are already far too common in our
criminal justice system and in our society.

His points were
well-taken and yet not without considerable push back. The most common response
at the time was that the existing tools certainly outperformed the unstructured
judgment that in turn was wildly susceptible to bias. This point, too, was a
good one. Earlier this Autumn, Jennifer Skeem, associate dean of research and
associate professor of social welfare and public policy at the University of
California, Berkeley, stated in a major
address to the National Forum on Criminal Justice that extensive
review of post-conviction risk assessments of federal convicts found “no evidence
of predictive bias by race.”

Perhaps that’s
one of the issues we need to address first; many aspects of racism take place
beyond the awareness of those who work within the structures where racism is
found.

As outside
observers who have tried to watch developments in risk assessment closely,
there is no question that the right risk assessment methods can be useful, but
we question whether there isn’t evidence of inherent bias available right in
plain view. For example:

- It’s well-established
that people of color are more likely to be arrested, often as a result of
over-policing. They are incarcerated at a rate of more than five
times that of white people.

- It’s also established that
people of color are less likely to be referred to diversion
programs, and can be subject to bias even within that referral
process. All of these points can result in higher scores on risk assessment
instruments compared with whites, especially against a backdrop of true crime
rates remaining unknown.

- Likewise, racial disparities
can be found in the bail
system. This fact often goes missing
in broader discussions of racial disparities in the legal system.

- Obviously, not all risk
assessment methods are created equally; many rely on items that lend
themselves, more and less, to racial bias. Items related to family (for
example, past family incarceration) and community stability scored outside of
an understanding of their context may not accurately reflect a person’s
propensity to commit crime.

In some
circumstances, further questions arise as to whether many instruments aren’t
more effective at predicting who will be arrested than predicting who will
commit crimes.

People of color tend to experience intersectionality
more than white counterparts, which means that their
different socio-political and individuals labels put them at risk of being a victim
of crime and of, potentially, being someone who could commit a crime. In
addition, people of colour, sometimes because of factors crystalized through
intersectionality, are more likely to experience trauma as well as adverse
experiences; which matters in how we work with and respond to them. This means
that there is an opportunity for better primary,
secondary, tertiary
& quaternary prevention (see previous blog).
However, because of the socio-political aspects of race, vulnerability, trauma,
economics, and access to social care in America (and worryingly so in the UK as
well) issues related to intersectionality, race and crime never gets truly understood
or dealt with. A clear example of this
is a recent
reportthat indicates that UN peacekeepers from multiple
countries, of multiple races committed systematic sexual abuse while in Haiti.
Experiences of sexual abuse, whether through victimisation or perpetration,
does not have a race determinate; but race does play a significant role, though
intersectionality and socio-economic-political factors, in the way that we define,
prevent and respond to sexual abuse.

Of course, we
are not
the first, by far,
to address this and related topics. We do, however, believe that professionals
can become more effective by studying the myriad issues involved that this blog
post is only barely able to touch upon. Despite the excellent advances made by
our risk assessment instruments, very serious challenges remain.

Monday, December 16, 2019

As an organization, our mission is to
prevent sexual abuse. We believe every individual has the right to live free
from sexual victimization. We believe that people who commit sexual abuse
should be held accountable for their actions and supported in their
rehabilitation, while supporting the victims of sexual abuse.

ATSA promotes evidence-based treatment and
guidance for individuals at risk of committing abuse and for those who have
abused others. Our ethical standards demand high ethical behavior and
professional integrity among our members, without exception.

We know that individuals who sexually abuse
others cross educational, socioeconomic, gender, and ethnic lines, and are frequently respected members of families and communities.

On December 9th, ATSA learned that Dr. Kurt
Bumby had been charged with sexual abuse. He has been a respected member of
ATSA, and a past leader in the organization and in the broader sexual abuse
research and treatment community. Once we learned of the charges, the
Executive Board immediately suspended Dr. Bumby’s membership pending the
outcome of the case.

These allegations have shocked and saddened
all of us at ATSA. Like any community, we are dealing with the emotional and
practical impacts of this situation. We are experiencing the ripple effects of
allegations of abuse and how it impacts everyone involved in these situations.

Our mission to end sexual abuse will
continue. And, as always, we encourage you to be part of this effort.

Friday, December 13, 2019

One of the most
effective ways to prevent sexual harassment and violence is to shine a light on
it.

When
organizations are transparent about incidents of sexual abuse, they help
everyone understand the factors that can lead to sexual abuse and how to
develop systems and processes to prevent that abuse.

Uber’s recent
release of sexual abuse data is an example of that. The level of transparency
Uber has displayed is a credit to their commitment to end sexual harassment and
assault. By providing this information, they are taking a step toward
preventing future victimization.

We already know
some of the factors that can encourage perpetration – isolated working
conditions, significant power and pay disparities, hierarchical organizations
that discourage reporting or lack independent investigatory channels, and
male-dominated fields. The data from Uber may enable us to shine more light on
these and other factors that contribute to sexual assault in the workplace.

Preventing
sexual assault and future victimization will make a significant difference in
many people’s lives. The human harm caused by sexual abuse that goes
unaddressed by employers is significant. It can derail careers, create a ripple
effect of financial difficulties, cause mental and physical health problems,
and result in long-term traumatic impacts on the person who was abused.

Businesses that
work to prevent and address sexual abuse not only save these human costs, they
also save money.

Data from FY2017
found that workplace sexual harassment and assault settlements negotiated by
the EEOC cost U.S. companies $46.3 million that year. Because the EEOC is
involved in only a small percentage of such cases, actual total litigation
costs in the United States are much higher. Studies also show that businesses
pay anywhere per case from $75,000 for out-of-court settlements to $200,000 and
up for jury settlements. Companies also lose money through reduced staff
productivity; higher employee turnover; increased insurance costs; and,
occasionally, boycotts. And these economic costs are not limited to the United
States. They are a worldwide issue.

By being open
about the sexual abuse their drivers and passengers have experienced, Uber is
giving us the information we need to help prevent these types of assaults. This
is an excellent example of social and corporate responsibility that others
would be wise to follow.

For more
information about the factors that can lead to sexual abuse and how to prevent
abuse, visit www.atsa.com.

For additional
details about the costs of abuse, see the following sources:

Friday, December 6, 2019

Stop It Now! Scotland is a small
team based in Edinburgh who works with adults and adolescents who have sexually
abused children, viewed child sexual exploitation material or who are worried
about their sexual thoughts and feelings towards children. This week we have
launched an online resource that distils what we have learned from those who
offend or at risk of offending, providing information for communities in
Scotland and the professionals who serve them about the practical things we can
all do to prevent child sexual abuse in the first place.

The aim of the resource is to
help adults who are protective to become more effective in their efforts to
prevent sexual abuse, and to help those who present a risk of harm to children
to make safer choices.

Upstream was funded by the
Scottish government and based on a CD-ROM (remember them!) we developed in 2011
to help build the capacity of individuals and communities to prevent child
sexual abuse in Scotland. As time moved
on it became apparent that a CD-ROM was no longer fit for purpose. But also we
reached a stage where we needed to comprehensively refine and strengthen the
Toolkit, properly test and evaluate its fitness as a practical resource to
prevent abuse before it might occur, and align us to effectively deliver (in a
systematic and evidenced way) primary prevention of child sexual abuse and
sexual exploitation in Scotland.

It was at this point that we
started to develop the online
resource. Whilst the content of the existing toolkit was an important
‘starting point’ in our work we also wanted to include more information and
resources to help in the changing task of keeping children safe. A big part of
this is strengthening the capacity of adults to safeguard children and also
building the resilience of communities to keep children safe.We also want to help anyone who is around
children to identify the risky behaviour of themselves or others to allow them
to intervene and prevent child sexual abuse before it occurs. We wanted to
include materials on the prevention of harmful sexual behaviour in childhood and
adolescence. And we wanted to ground all of this in bystander theory – the idea
that there are practical things we can do to make a difference when we encounter
behaviours that are inappropriate or potentially harmful.

The resource gives practical
advice based on a wide range of scenarios and frequently asked questions that
often come up during our work. “What if I don’t like the way my uncle is
playing with my daughter?” or “What are the warning signs that a child is being
abused” or “How do I make my church group safer for children?”. We have tried
to make the language as accessible as possible without losing some of the
detail and nuances of the complex world that we live in. The Engaging
Communities section contains a range of resources that professionals can use
when engaging the public about prevention.

It was developed specifically for
a Scottish audience but we hope this resource can be used more widely. Have a
look, and if it is useful, share the resource with colleagues, friends and
family or tell people about it on social media. The message of Upstream is
simple; together we can protect the next child from harm.

Kieran McCartan, PhD

Chief Blogger

David Prescott, LICSW

Associate blogger

Translate

The Association for the Treatment of Sexual Abusers (http://atsa.com/) is an international, multi-disciplinary organization dedicated to preventing sexual abuse. Through research, education, and shared learning ATSA promotes evidence based practice, public policy and community strategies that lead to the effective assessment, treatment and management of individuals who have sexually abused or are risk to abuse.

The views expressed on this blog are of the bloggers and are not necessarily those of the Association for the Treatment of Sexual Abusers, Sexual Abuse: A Journal of Research & Treatment, or Sage Journals.

Disclaimer

ATSA does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content posted. ATSA does not necessarily or automatically endorse any opinions expressed within this blog. You understand that by reading this blog, you may be exposed to content or opinions that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will ATSA be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content or opinions posted, emailed, transmitted, or otherwise made available via this blog.